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This document is intended for informational purposes only.
Users are cautioned that California Department of Transportation (Department) does not assume any liability or responsibility based on these electronic files or for any defective or incomplete copying, exerpting, scanning, faxing or downloading of the contract documents. As always, for the official paper versions of the bidders packages and non-bidder packages, including addenda write to the California Department of Transportation, Plans and Bid Documents, Room 0200, P.O. Box 942874, Sacramento, CA 94272-0001, telephone (916) 654-4490 or fax (916) 654-7028. Office hours are 7:30 a.m. to 4:15 p.m. When ordering bidder or non-bidder packages it is important that you include a telephone number and fax number, P.O. Box and street address so that you can receive addenda.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
NOTICE TO CONTRACTORS
INSTRUCTIONS TO BIDDERS
GENERAL CONDITIONS
AND
SPECIAL PROVISIONS
FOR
BUILDING CONSTRUCTION
IN
SAN DIEGO COUNTY NEAR OCEANSIDE AT THE NORTHBOUND AND SOUTHBOUND ALISO CREEK SAFETY ROADSIDE REST AREA
CONTRACT NO. 11-059504
11-SD-5-R95.4/R96.7
Bids Open: January 10, 2002
Dated: December 10, 2001OSD
TABLE OF CONTENTS
NOTICE TO CONTRACTORS...... 1
INSTRUCTIONS TO BIDDERS...... 4
GENERAL CONDITIONS...... 8
SPECIAL PROVISIONS...... 42
DIVISION 0BIDDING AND CONTRACT REQUIREMENTS...... 42
0.01INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS...... 42
0.02PROPOSAL REQUIREMENTS AND CONDITIONS...... 42
0.024DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)...... 42
0.025DVBE GOAL FOR THIS PROJECT...... 43
0.027SMALL BUSINESS PREFERENCE...... 43
0.028CALIFORNIA COMPANY PREFERENCE...... 44
0.03SUBMISSION OF DVBE INFORMATION AND AWARD AND EXECUTION OF CONTRACT 44
0.03ADVBE INFORMATION...... 44
0.03BAWARD OF CONTRACT...... 45
0.04 BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES...... 46
0.05LABOR NONDISCRIMINATION...... 46
0.051CONTRACT BONDS...... 47
0.0515TRANSPORTATION LABORATORY...... 47
0.0517ABBREVIATIONS...... 47
0.052LABOR CODE REQUIREMENTS...... 47
0.0525INDEMNIFICATION AND INSURANCE...... 50
0.053NOTICE OF POTENTIAL CLAIM...... 52
0.054PARTIAL PAYMENTS...... 53
0.055PAYMENT OF WITHHELD FUNDS...... 53
0.056FINAL PAYMENT AND CLAIMS...... 53
0.057ARBITRATION...... 55
0.058INTEREST ON PAYMENTS...... 55
0.06REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES...... 55
0.062WATER POLLUTION...... 55
0.065SURFACE MINING AND RECLAMATION ACT...... 57
0.067YEAR 2000 COMPLIANCE...... 57
0.07DVBE RECORDS...... 57
0.075PERFORMANCE OF DVBE SUBCONTRACTORS AND SUPPLIERS...... 57
0.077SUBCONTRACTING...... 58
DIVISION 1. GENERAL REQUIREMENTS...... 58
1.01 SCOPE...... 58
1.02 ORDER OF WORK...... 58
1.03 STATE-FURNISHED MATERIALS...... 58
1.04 AREAS FOR CONTRACTOR'S USE...... 59
1.05 COOPERATION...... 59
1.06 MEASUREMENT AND PAYMENT...... 59
1.07 SOUND CONTROL REQUIREMENTS...... 59
1.08 SUBMITTALS...... 59
1.09 SCHEDULE OF VALUES...... 60
1.10 OBSTRUCTIONS...... 60
1.11 TEMPORARY FENCE...... 60
1.12 PRESERVATION OF PROPERTY...... 61
1.13 TEMPORARY CONCRETE WASHOUT...... 61
1.14 CONSTRUCTION AREA SIGNS...... 61
SIGN (GENERAL)...... 62
STATIONARY MOUNTED SIGNS...... 62
PAYMENT...... 63
1.15 WATER POLLUTION CONTROL...... 63
WATER POLLUTION CONTROL TRAINING...... 65
1.16 TEMPORARY UTILITIES...... 66
1.17 SANITARY FACILITIES...... 66
1.18 REFERENCES...... 66
1.19 SUBSTITUTION OF NONMETRIC MATERIALS AND PRODUCTS...... 66
DIVISION 2. SITEWORK...... 77
2.01 REMOVING PORTIONS OF EXISTING FACILITIES...... 77
RESET NEWSPAPER RACK...... 77
RESET ROADSIDE SIGN...... 77
2.02 REMOVING PORTIONS OF EXISTING ROOF COVERING...... 78
2.03 CRACK REPAIR ON DRINKING FOUNTAIN...... 78
2.04 IRRIGATION SYSTEM...... 79
EXISTING HIGHWAY IRRIGATION FACILITIES...... 79
CHECK AND TEST EXISTING IRRIGATION FACILITIES...... 79
MAINTAINING EXISTING WATER SUPPLY...... 79
MAINTAIN EXISTING IRRIGATION FACILITIES...... 80
FINAL IRRIGATION SYSTEM CHECK...... 80
2.05 LANDSCAPING...... 80
MAINTAIN EXISTING PLANTS...... 80
DIVISION 3. CONCRETE AND REINFORCEMENT...... 80
3.01 CAST-IN-PLACE CONCRETE...... 80
DIVISIONS 4 AND 5 (BLANK)...... 85
DIVISION 6. WOOD AND PLASTICS...... 85
6.01 ROUGH CARPENTRY...... 85
6.02 FINISH CARPENTRY...... 88
DIVISION7. THERMAL AND MOISTURE PROTECTION...... 90
7.01 BUILTUP ASPHALT ROOFING SYSTEM...... 90
7.02 SHEET METAL FLASHING...... 94
DIVISION 8. DOORS AND WINDOWS...... 96
8.01HINGED DOORS...... 96
8.02 FINISH HARDWARE...... 97
DIVISION9 FINISHES...... 99
9.01 CERAMIC TILE...... 99
9.02 PAINTING...... 105
DIVISION10.SPECIALTIES...... 109
10.01 TOILET PARTITIONS...... 109
DIVISIONS11 THROUGH 14. BLANK...... 110
DIVISION 15. MECHANICAL...... 110
15.01MECHANICAL WORK...... 110
15.02 PLUMBING FIXTURES...... 110
DIVISION 16.ELECTRICAL...... 111
16.01ELECTRICAL WORK...... 111
16.02 BASIC MATERIALS AND METHODS...... 112
Contract No. 11-059504
1
General Condition State(11-09-98.DOC
DEPARTMENT OF TRANSPORTATION
NOTICE TO CONTRACTORS
CONTRACT NO. 11-059504
11-SD-5-R95.4/R96.7
Sealed proposals for the work shown on the plans entitled:
STATE OF CALIFORNIA; DEPARTMENT OF TRANSPORTATION; PROJECT PLANS FOR BUILDING CONSTRUCTION IN SAN DIEGO COUNTY NEAR OCEANSIDE AT THE NORTHBOUND AND SOUTHBOUND ALISO CREEK SAFETY ROADSIDE REST AREA
will be received at the Department of Transportation, 3347 Michelson Drive, Suite 100, Irvine, CA 92612-1692, until 2o'clock p.m. on January 10, 2002, at which time they will be publicly opened and read in Room C - 1116 at the same address.
Proposal forms for this work are included in a separate book entitled:
STATE OF CALIFORNIA; DEPARTMENT OF TRANSPORTATION; PROPOSAL AND CONTRACT FOR BUILDING CONSTRUCTION IN SAN DIEGO COUNTY NEAR OCEANSIDE AT THE NORTHBOUND AND SOUTHBOUND ALISO CREEK SAFETY ROADSIDE REST AREA
General work description: Upgrading safety roadside rest area facilities.
The foregoing is a general description of the work to be performed and the Department of Transportation does not expressly or by implication agree that the actual items or amount of work will correspond therewith.
This project has a goal of 3 percent disabled veteran business enterprise (DVBE) participation.
No pre-bid meeting is scheduled for this project.
Bids are required for the entire work described herein.
At the time this contract is awarded, the Contractor shall possess either a Class A license or Class B license or a combination of Class C licenses which constitutes a majority of the work.
The Contractor must also be properly licensed at the time the bid is submitted, except that on a joint venture bid a joint venture license may be obtained by a combination of licenses after bid opening but before award in accordance with Business and Professions Code, Section 7029.1.
The Department of Transportation reserves the right to reject any or all bids.
Each bid shall be presented under sealed cover and accompanied by one of the following forms of bidder's security:
Cash, a cashiers check, a certified check, or a bidder's bond executed by an admitted surety insurer, made payable to the Director of Transportation.
The successful bidder shall furnish a payment bond and a performance bond.
This contract is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code, Section 12990.
Preference will be granted to bidders properly certified as a "Small Business" as determined by the Department of General Services, Office of Small Business Certification and Resources at the time of bid opening in accordance with the provisions in Division 0.027, "Small Business Preference," of the special provisions, and Section 1896 et seq, Title 2, California Code of Regulations. A form for requesting a small business preference is included with the bid documents. Applications for status as a "Small Business" must be submitted to the Department of General Services, Office of Small Business Certification and Resources, 1531 "I" Street, Second Floor, Sacramento, CA95814, Telephone No. (916)3225060.
A reciprocal preference will be granted to "California company" bidders in accordance with Section 6107 of the Public Contract Code. (See Divisions 0.028 and 0.03 of the special provisions.) A form for indicating whether bidders are or are not a "California company" is included in the bid documents and is to be filled in and signed by all bidders.
The Caltrans District 11 Office is located at 2829 Juan Street, San Diego, CA. 92110. The mailing address is P.O. Box 85406, San Diego, CA. 92186-5406, E-mail address of the Duty Senior is: , or by fax at (619) 688-6988. The District 11 Duty Senior telephone number is (619) 688-6635.
The Website address for posting of questions and responses is:
Project plans, special provisions, and proposal forms for bidding this project can only be obtained at the Department of Transportation, Plans and Bid Documents, Room 0200, MS #26, Transportation Building, 1120 N Street, Sacramento, California 95814, FAX No. (916)6547028, Telephone No. (916)6544490. Use FAX orders to expedite orders for project plans, special provisions and proposal forms. FAX orders must include credit card charge number, card expiration date and authorizing signature. Project plans, special provisions, and proposal forms may be seen at the above Department of Transportation office and at the offices of the District Directors of Transportation at Irvine, Oakland, and the district in which the work is situated.
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available at the Labor Compliance Office at the offices of the District Director of Transportation for the district in which the work is situated, and available from the California Department of Industrial Relations’ Internet Web Site at: Future effective general prevailing wage rates which have been predetermined and are on file with the Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.
DEPARTMENT OF TRANSPORTATION
Deputy Director Transportation Engineering
Dated December 10, 2001
BH
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
INSTRUCTIONS TO BIDDERS
AND
GENERAL CONDITIONS
FOR
BUILDING CONSTRUCTION
JANUARY 1993
Issued by
DEPARTMENT OF TRANSPORTATION
INSTRUCTIONS TO BIDDERS
S E C T I O N 1
PROPOSAL REQUIREMENTS AND CONDITIONS
1-1.01 GENERAL.—The bidder shall carefully examine the instructions contained herein and satisfy himself as to the conditions with which he must comply prior to bid and to the conditions affecting the award of contract.
These instructions form a part of the contract documents.
Attention is directed to Section 1-1.01, "General, " of the General Conditions regarding the use of masculine gender pronouns in these Instructions to Bidders.
1-1.02 CONTRACTOR'S LICENSING LAWS.—Attention is directed to the provisions of Chapter 9 of Division 3 of the Business and Professions Code concerning the licensing of contractors.
All bidders and contractors shall be licensed in accordance with the laws of this State and any bidder or contractor not so licensed is subject to the penalties imposed by such laws.
Attention is also directed to the provisions of Public Contract Code Section 10164, which provides as follows:
"10164. In all state projects where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made by the Controller unless and until the Registrar of Contractors certifies to the Controller that the records of the Contractors State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors State License Board. The department shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract as provided in Section 10181 and shall result in the forfeiture of the security of the bidder."
1-1.03 EXAMINATION OF PLANS, SPECIAL PROVISIONS AND SITE OF THE WORK.—The bidder shall examine carefully the site of the work contemplated, the plans and special provisions and these instructions to bidders and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of these instructions to bidders, plans, special provisions, and the contract.
Where the Department has made investigations of site conditions, including subsurface conditions in areas where work is to be performed under the contract, bidders or Contractors may, upon written request, inspect the records of the Department as to such investigations subject to and upon the conditions hereinafter set forth. Such investigations are made only for the purpose of study and design.
Where there has been prior construction by the Department or other public agencies within the project limits, records of such prior construction that are currently in the possession of the Department and which have been used by, or are known to, the designers and administrators of the project will be made available for inspection by bidders or Contractors, upon written request, subject to the conditions hereinafter set forth. Such records may include, but are not limited to, as-built drawings, design calculations, foundation and site studies, project reports and other data assembled in connection with the investigation, design, construction and maintenance of such prior projects.
Inspection of such records of investigations and project records may be made at the office of the district in which the work is situated, or in the case of records of investigations related to structure work, at the Transportation Laboratory, Sacramento, California. The records of investigations and project records are not a part of the contract and are available solely for the convenience of the bidder or contractor. It is expressly understood and agreed that the Department assumes no responsibility whatsoever in respect to the sufficiency or accuracy of the investigations thus made, the records thereof, or of project records, or of the interpretations set forth therein or made by the Department in its use thereof and there is no warranty or guaranty, either express or implied, that the conditions indicated by such investigations or records are representative of those existing in or throughout such areas, or any part thereof, or that unlooked-for developments may not occur, or that materials other than, or in proportions different from those indicated, may not be encountered.
No information derived from such inspection of investigations or compilation thereof made by the Department or from the Engineer, or his assistants, will in any way relieve the bidder or contractor from any risk or from properly fulfilling the terms of the contract.
1-1.04 PROPOSAL FORMS.—The Department will furnish to each bidder a standard proposal form, which, when filled out and executed may be submitted as his bid. Bids not presented on forms so furnished, and copies or facsimiles of the bidder’s completed and executed proposal forms submitted as a bid will be rejected.
The proposal form is bound together with the contract in a book entitled “Proposal and Contract.” The proposal shall set forth the bid price, in clearly legible figures, in the space provided, and shall be signed by the bidder, who shall fill out all blanks in the proposal form as therein provided.
The proposal shall be submitted intact in the bound book as directed in the "Notice to Contractors" under sealed cover plainly marked as a proposal, and identifying the project to which the proposal relates and the date of the bid opening therefor. Proposals which are not properly marked may be disregarded.
All proposal forms other than for “District Opening” projects shall be obtained from the Department of Transportation, Plans and Bid Documents, Room 0200, Transportation Building, 1120 N Street, P.O. Box 942874, Sacramento, California 94274-0001.
Proposals for “District Opening” projects shall be made on forms obtained from the District Director of Transportation in whose district the work is to be performed, but in all other respects the provisions in this Section 1-1.04 shall apply.
1-1.05 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS.—Each proposal shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of 1/2 of one percent of his total bid, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing at Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions.
A sheet for listing the subcontractors, as required herein, is included in the “Proposal and Contract” book.
1-1.055 STATE EMPLOYEES AND DESIGN ENGINEERS MAY NOT BID ON CONSTRUCTION CONTRACTS.—No employee of the State shall be eligible to submit a proposal for, nor to subcontract for any portion of, nor to supply any materials for any contract administered by the Department.
No engineering or architectural firm which has provided design services for a project shall be eligible to submit a proposal for the contract to construct the project nor to subcontract for any portion of the work. The ineligible firms include the prime contractor for design, subcontractors of portions of the design, and affiliates of either. An affiliate is a firm which is subject to the control of the same persons, through joint ownership or otherwise.
1-1.06 PREVIOUS DISQUALIFICATION, REMOVAL OR OTHER PREVENTION OF BIDDING.—Pursuant to Section 10162 of the Public Contract Code the bidder shall complete, under penalty of perjury, the questionnaire in the Proposal relating to previous disqualification, removal or other prevention of bidding of the bidder, or officers or employees of the bidder because of violation of law or a safety regulation.
A bid may be rejected on the basis of a bidder, any officer of such bidder, or any employee of such bidder who has a proprietary interest in such bidder, having been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local project because of a violation of law or a safety regulation.
1-1.07 PROPOSAL GUARANTY.—All bids shall be presented under sealed cover and accompanied by one of the following forms of bidder's security:
Cash, a cashier's check, a certified check, or a bidder's bond executed by an admitted surety insurer, made payable to the Director of Transportation.
The security shall be in an amount equal to at least 10 percent of the amount bid. A bid will not be considered unless one of the forms of bidder's security is enclosed with it.
The bidder’s bond shall conform to the bond form in the book entitled “Proposal and Contract” for the project and shall be properly filled out and executed. The bidder's bond form included in the bound book may be used. Upon request, "Bidder's Bond" forms may be obtained from the Department.
1-1.08 COMPLIANCE WITH ORDERS OF THE NATIONAL LABOR RELATIONS BOARD.—Pursuant to Public Contract Code Section 10232, the Contractor shall swear by a statement, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a Federal court has been issued against the Contractor within the immediately preceding 2-year period because of the Contractor's failure to comply with an order of a Federal court which orders the Contractor to comply with an order of the National Labor Relations Board. For purposes of said Section 10232 a finding of contempt does not include any finding which has been vacated, dismissed, or otherwise removed by the court because the Contractor has complied with the order which was the basis for the finding. The State may rescind any contract in which the Contractor falsely swears to the truth of the statement required by said Section 10232.